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In Georgia, you can establish what is known as “joint tenancy” to transfer ownership of property directly to a family member or loved one after your death. Real estate, vehicles, bank accounts, and other property can be owned jointly in this way, meaning they would not be subject to probate.

Examples of non-probate assets include: Jointly owned property with right of survivorship. Assets with designated beneficiaries, such as retirement accounts and life insurance policies. Assets held in a living trust.

Transfer of Death Deeds (TODD) Transfer of death (TODD) is a legal document allowing you to transfer your real property to a named beneficiary upon death without going through probate. To use a TODD, you must execute the deed while still alive and record it with the county recorder's office.

The petition to probate in common form will not be binding for four years after it has been completed. Executors appointed through a solemn form probate can petition to be discharged from their liability and responsibilities six (6) months after their appointment.

There is no legal requirement that an estate must be probated in Georgia. Whether probate is necessary depends on what the deceased person owned at the time of their death and how they owned it. You can plan so that your estate does not have to be probated.

Here are some key options for people who would like their estate to bypass probate: File a small estate affidavit: Georgia offers a simplified probate process for estates valued under $15,000. This small estate affidavit can help heirs avoid full probate, saving time and legal expenses.

Probate assets are possessions either titled solely in the deceased's name or have a shared interest with another party (but without survivorship on the title). Examples of probate assets are: Bank accounts that are owned solely by the loved one. Life insurance policies with no beneficiary designation.

In Georgia, there is no specific estate value that requires probate. It depends on whether the deceased owned probate assets that must be settled.

Any interested party or heir can file the Petition for Letters of Administration. The petition has to be completely filled out, including a complete listing of each and every heir of the deceased, each heir's age (or over 18), addresses, and relationship to the deceased.